Bhagwat Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33560 of 2015 Arising Out of PS.Case No. -130 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bhagwat Mahto son of Late Vishun Dayal Mahto, resident of Dhum Nagar, Badoriya, P.S. Nautan, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 379, 504 and 307 of the Indian Penal Code. Subsequently, section 302 of the IPC was also added.
It is alleged that the accused persons including the petitioner came to the house of the informant, coaccused Ashok Kumar made attempt to assault the informant
Patna High Court Cr.Misc. No.33560 of 2015 (2) dt.28-08-2015 2/3 with Razor but it caused injury to Chandan Kumar when he came to save the informant, co-accused Akhilesh Mahto inflicted injury with Farsa on the head of the son of the informant causing injury on the head. Thereafter co-accused Vijay Mahto and Laddu Mahto started assaulting Chandan Kumar with lathi and when the informant came to save his son then Ashok Kumar assaulted the informant with bamboo stick. Subsequently the informant succumbed to the injury.
It is submitted by learned counsel for the petitioner that the accusation of assault is not alleged against the petitioner and the informant did not die due to the injury caused as gets reflected from the post-mortem report. There is a counter version of the occurrence also and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection
Patna High Court Cr.Misc. No.33560 of 2015 (2) dt.28-08-2015 3/3 with Nautan P.S. Case No. 130 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T